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Acceptable Use Policy
This is a contract between you ("you" or "your") and Knight Web Services® Inc. ("Knight Web Services® Inc."). It states the terms and
conditions which apply to your purchase and use, in any manner, of
the Knight Web Services® Inc. web hosting, e-mail and domain services
(collectively, the "Services"), as described at http://www.kwsonline.com
(the "Site").
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME
REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS
AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE
SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES,
OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES
(COLLECTIVELY, THE "END-USERS"). YOU AGREE TO ENSURE THAT, END-USERS
COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY
APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND
GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY
REFERENCE HERETO.
Knight Web Services® Inc. reserves the right to change or modify this
Agreement, and any policy or guideline incorporated by reference at
any time and from time to time in its sole discretion, and to
determine whether and when any such changes apply to customers. Any
changes or modification will be posted by Knight Web Services® Inc.,
and become effective upon posting of the revisions on the Site.
Knight Web Services® Inc. will post a notice of such changes or
modifications on the Site for thirty (30) days. You are responsible
for regularly reviewing the Site to obtain timely notice of such
changes or modifications. Your continued use of the Services
following Knight Web Services® Inc. posting of any changes or
modifications will constitute your acceptance of such changes or
modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION,
DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE
OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1
BELOW.
1. Term and Payment for Services
1.1 Term and Termination. The Services are provided on a fixed term
basis and shall be provided, unless Knight Web Services® Inc.
receives additional payment from you, until the last day of the
fixed term ("Termination Date"). Either party may at any time
terminate this Agreement, prior to the Termination Date, provided
that Knight Web Services® Inc. will provide the Services until the
Termination Date. Subject to 1.2 below, no credits shall be provided
to you for the value of the Services between the date that you
notify Knight Web Services® Inc. that you no longer wish to receive
the Services and the Termination Date.
Notice of Termination. You must provide Knight Web Services® Inc.
with notice of termination in writing by fax to 1-800-733-0368
(North America) / 716-566-7415 (International) or by e-mail (from
the email account specified by you when first ordering the Services)
to billing@kwsonline.com. You shall provide Knight Web Services® Inc.
with sufficient identification information so that Knight Web Services® Inc. may properly identify you and your account. Any notice
of termination will be effective thirty (30) days following Knight Web Services® Inc. receipt thereof.
1.2 Thirty-Day Refund Policy. If you terminate this Agreement within
thirty (30) days of agreeing to be bound hereto, you shall receive a
refund for all amounts paid by you to Knight Web Services® Inc. for
the Services, excluding any amounts paid for Non-Refundable Amounts,
as defined below. "Non-Refundable Amounts" include set-up fees, Miva
Merchant license key fees, additional bandwidth charges and
additional storage charges.
1.3 Liability and Obligations on Termination. Should the Agreement
expire or be terminated for any reason, Knight Web Services® Inc.
will not be liable to you because of such expiration or termination
for compensation, reimbursement or damages on account of the loss of
profits or sales (anticipated or actual), goodwill or on account of
expenditures, investments, leases or commitments in connection with
your business, or for any other reason whatsoever flowing from such
termination or expiration. Any termination of this Agreement shall
not relieve you of any obligations to pay fees and costs accrued
prior to the termination date. Knight Web Services® Inc. shall not be
obligated to notify any third party of the termination of your
account or provide any termination assistance. Without limiting the
generality of the foregoing, Knight Web Services® Inc. shall have no
obligation to forward any email messages, data, information or other
content related to your use of the Services, and you acknowledge
that all such email messages, data, information and content may be
immediately deleted by Knight Web Services® Inc..
1.4 Charges. You agree to pay all fees and charges (and applicable
taxes) incurred which relate to your use of the Services, in
accordance with the rates, terms and conditions established from
time to time by Knight Web Services® Inc.. Such rates, terms and
conditions will be posted on the Site or otherwise made available to
you by Knight Web Services® Inc.. Knight Web Services® Inc. shall
begin charging you on the date that you subscribe for the Services,
unless otherwise specified by Knight Web Services® Inc.. All prices
on the Site are net of tax and you shall be responsible for the
payment of all federal, provincial, and local sales, use, value
added, excise, duty and any other taxes assessed with respect to the
Services, other than taxes based on Knight Web Services® Inc.' net
income.
1.5 Payment. All charges for the Services must be paid in advance
according to the then current price applicable to the Services. When
ordering the Services through the sign-up server at the Site, you
must elect to pay for the Services by credit card. Knight Web Services® Inc. reserves the right to modify the forms of payment it
will accept, at any time, in its sole discretion.
1.6 Credit Card Payment. When you pay for the Services by credit
card, you expressly authorize Knight Web Services® Inc. or its agents
to charge all fees and charges incurred by you under this Agreement
to such credit card, and such authorization will survive termination
of this Agreement until there are no charges owing by you under this
Agreement. If you use a credit card and Knight Web Services® Inc.
does not receive payment from the card issuer, you agree to pay all
amounts due, upon demand by Knight Web Services® Inc.. You must
notify Knight Web Services® Inc. of any changes to your credit card
account (including, without limitation, applicable account number or
cancellation or expiration of the account), your billing address, or
any information that may prohibit Knight Web Services® Inc. from
charging your account.
1.7 Failure to Pay. If you fail to pay any fees and taxes within ten
(10) days from applicable due date for credit card payments, late
charges of the lesser of one and one-half per cent (1.5%) per month
(i.e. 18% per annum) or the maximum amount allowable under
applicable law shall also become payable by you to Knight Web Services® Inc.. In addition, your failure to fully pay any fees and
taxes within ten (10) days after the applicable due date will be
deemed a material breach of this Agreement, justifying Knight Web Services® Inc.' immediate suspension of its performance of the
Services and/or termination of this Agreement. You are responsible
for any fees associated with reinstating the Services. Any such
termination would not relieve you from paying past due fees plus
interest. In the event of collection enforcement, you will be liable
for any costs associated with such collection, including, without
limitation, legal fees, court costs and collection agency fees.
2. Use of Services
2.1 Responsibility for Use. You are responsible for use of the
Services and the maintenance of all passwords related to the
Services. You are solely responsible and liable for any and all
activities that occur in respect of your use of the Services,
including without limitation all activities of any users authorized
by you or using your passwords. You are also responsible for
maintaining the confidentiality of all passwords related to your use
of the Services. You agree to immediately notify Knight Web Services®
Inc. of any unauthorized use of the Services or your passwords or of
any other breach of security and to provide assistance to Knight Web Services® Inc., as requested, to stop, prevent or remedy any breach
of security.
2.2 Applicable Policies and Agreements.
The Knight Web Services® Inc. Acceptable Use Policy at http://www.kwsonline.com/aup.htm
(the "Use Policy") governs the general policies and procedures for
use of the Services.
The Knight Web Services® Inc. Privacy Policy at http://www.kwsonline.com/privacy.htm
(the "Knight Web Services® Inc. Privacy Policy") describes how Knight Web Services® Inc. collects, stores, processes and uses information
associated with your use of the Services. You hereby consent to the
collection, use and disclosure by Knight Web Services® Inc. and its
agents of your personal information (whether previously collected or
to be collected) for the purposes identified in the Knight Web Services® Inc. Privacy Policy.
All agreements and policies may be updated or amended from
time-to-time.
2.3 Material and Product Requirements. You must ensure that all
material and data placed on Knight Web Services® Inc.' equipment is
in a condition that is "server-ready," which is in a form requiring
no additional manipulation by Knight Web Services® Inc.. Knight Web Services® Inc. will make no effort to validate any of this
information for content, correctness or usability. In the event that
your material is not "server-ready", Knight Web Services® Inc. has
the option at any time to reject this material. Knight Web Services®
Inc. will notify you of its refusal of the material and afford you
the opportunity to amend or modify the material to satisfy the needs
and/or requirements of Knight Web Services® Inc.. Use of the Services
requires a certain level of knowledge in the use of Internet
languages, protocols and software. This level of knowledge varies
depending on the anticipated use and desired content of your web
site. You must have the necessary knowledge to create and maintain a
web site. It is not Knight Web Services® Inc.' responsibility to
provide this knowledge or customer support.
2.4 Bandwidth, Storage, and E-Mail Use. You agree that use of the
Services hereunder will not exceed the bandwidth, storage and E-mail
usage limits set out in the Site for the Services ordered by you. If
you use any bandwidth or storage space in excess of the agreed upon
number of megabytes per month or if you exceed E-Mail storage and
attachment size limitations, Knight Web Services® Inc. may, in its
sole discretion, assess you with additional charges according to
Knight Web Services® Inc.' then current pricing policy, suspend the
performance of the Services, or terminate this Agreement. In the
event that Knight Web Services® Inc. elects to take any corrective
action, you will not be entitled to a refund of any unused pre-paid
fees. Warning messages will be emailed to you as you exceed 80% and
90% of your package's respective bandwidth and disk space limits. If
payment for extra usage is not received within two weeks of the
invoice date, the expiry date of the account will be adjusted
according to the amount outstanding.
2.5 Domain Names. As part of the Services, you will provide Knight Web Services® Inc. with a registered domain name or names or Knight Web Services® Inc. will register such domain name(s) selected by you,
provided that such domain name is available for registration and
does not violate any registrar's policies, or any law or regulation.
You agree to promptly reimburse Knight Web Services® Inc. for any
fees paid by Knight Web Services® Inc. to any registrar with respect
to the registration and maintenance of such domain name(s). In the
event of any dispute or cause of action arising out of or related to
your domain name used in connection with the Services, upon your
request Knight Web Services® Inc. will attempt to register with the
registrar an alternative domain name chosen by you. You agree to be
bound by the terms the registrar's then current domain name policy
and/or the policies of the national DNS registration authorities to
which you become subject upon registration of a domain name. The
inability to use a domain name shall not entitle you to a refund by
Knight Web Services® Inc. of any fees paid with respect to the
registration of such unusable domain name. There is no charge for
indefinite parking of domains on Knight Web Services® Inc. servers or
to transfer to another service provider. However, in the event a
domain that was registered by Knight Web Services® Inc. is
transferred to another service provider, and requires manual
intervention by Knight Web Services® Inc. support staff to complete
the transfer, there will be an administrative transfer cost charged
for each domain plus applicable taxes. Domain Parking does NOT
include any hosting services. You may not submit your own DNS
entries because Knight Web Services® Inc. is NOT a Registrar and
hosting services for domain names residing on the Knight Web Services® Inc. system must be provided by Knight Web Services® Inc..
Domain name payments are non-refundable. Once a domain name is
registered, the WHOIS database stores the information and is kept
there for a period of one year, until the date of renewal. Payment
with respect to domain names will NOT be refunded or credited to
your credit card. You are responsible for spelling a domain name
correctly while registering it online. Knight Web Services® Inc. will
not provide refunds or credits for misspelled domain names.
2.6 Miscellaneous Components. You acknowledge that the Services do
not include, without limitation, content design, development, FTP
master maintenance, uploading and publishing, Common Gateway
Interface scripts and other such executables and that all of the
foregoing are your responsibility. You may not compile or install
binary files other than the ones provided by Knight Web Services®
Inc.. Knight Web Services® Inc. does not make C compilers available
and the PERL binaries provided will not have networking support (for
example, socket ph, ftp.pl, etc.) You may use ftp to access your
home directory for the purpose of installing and editing your web
pages.
3. Intellectual Property Rights
3.1 Knight Web Services® Inc. Property. You hereby acknowledge and
agree that all programs (in object code and source code form), data,
services, processes, designs, technologies, materials and all other
things comprising the Services are owned by and shall remain the
sole property of Knight Web Services® Inc., its licensors or its
suppliers and are protected by applicable copyrights, trade-marks,
patents, trade secrets and/or other proprietary rights and laws.
Knight Web Services® Inc. shall also maintain and control ownership
of all Internet protocol ("IP") numbers and email addresses that may
be assigned to you by Knight Web Services® Inc.. Knight Web Services®
Inc. reserves, in its sole discretion, the right to change or remove
any and all such IP numbers and email addresses at any time.
3.2 Your Content. Knight Web Services® Inc. does not claim ownership
of information, materials, software or other content (collectively,
the "Content") that you post, upload, input, provide, submit or
otherwise transmit to Knight Web Services® Inc. or any third party,
using the Services. However, you agree that by posting, uploading,
inputting, providing, submitting or otherwise transmitting the
Content to Knight Web Services® Inc. or any third party, using the
Services, you have thereby granted Knight Web Services® Inc. a
royalty-free, non-exclusive license to use, copy, distribute,
transmit, display, edit, delete, publish and translate such content
to the extent reasonably required by Knight Web Services® Inc. for
the purposes of rendering and operating the Services to you under
this Agreement or to ensure adherence to or enforce the terms of
this Agreement You expressly (a) grant to Knight Web Services® Inc. a
license to cache the Content, and (b) agree that such caching is not
an infringement of any of your rights or any third party's rights.
4. Enforcement
4.1 Investigation of Violations. Knight Web Services® Inc. may
investigate any reported violation of this Agreement, its policies
and guidelines or any complaints and take any action that it deems
appropriate and reasonable under the circumstance to protect its
interests, including without limitation, its systems, servers,
facilities, customers and/or third parties. Knight Web Services® Inc.
will not access or review the contents of any e-mail or similar
stored electronic communications except as required or permitted by
applicable law or legal process.
4.2 Actions. Knight Web Services® Inc. reserves the right in its sole
and absolute discretion to restrict or remove from its servers any
content that it deems to be in violation of this Agreement, its
policies or guidelines, third-party intellectual property rights or
any laws. Knight Web Services® Inc. may immediately take action,
including, but not limited to, (a) issuing warnings, (b) suspending
or terminating the Services, (c) restricting or prohibiting any and
all uses of content hosted on Knight Web Services® Inc.' systems,
and/or (d) disabling or removing: (i) any hypertext links to
third-party web sites, (ii) any of your content distributed or made
available for distribution via the Services, or (iii) other content
not supplied by Knight Web Services® Inc.. It is Knight Web Services®
Inc.' policy to terminate Services to infringers. The above stated
rights of action, however, do not obligate Knight Web Services® Inc.
to monitor or exert editorial control over the information made
available for distribution via the Services and you acknowledge that
Knight Web Services® Inc. has no obligation to censor or monitor use
of the Services by you, or any obligation to censor or monitor any
content, material or other information sent, received or accessible
through the Services. In the event Knight Web Services® Inc. takes
action due to such possible violation, Knight Web Services® Inc.
shall not be obligated to refund to you any fees paid in advance of
such action.
4.3 Disclosure Rights. To comply with applicable laws and lawful
governmental requests, to protect Knight Web Services® Inc.' systems
and customers, or to ensure the integrity and operation of Knight Web Services® Inc.' business and systems, Knight Web Services® Inc.
may access and disclose any information it considers necessary or
appropriate, including, without limitation, user profile information
(i.e., name, e-mail address, etc.), IP address and traffic
information, usage history, and content residing on Knight Web Services® Inc.' servers and systems. Knight Web Services® Inc. also
reserves the right to report any activity that it suspects violates
any law or regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties. To the extent any
inconsistency exists between any terms of Knight Web Services® Inc.'
Privacy Policy and Knight Web Services® Inc.'s right to disclose
under this section, Knight Web Services® Inc.'s right to disclose
under this section will prevail.
5. Warranties and Disclaimers
5.1 Your Warranties and Representations to Knight Web Services® Inc..
You warrant, represent, and covenant to Knight Web Services® Inc.
that (a) you are at least eighteen (18) years of age; (b) you
possess the legal right and ability to enter into this Agreement;
(c) you will use the Services only for lawful purposes and in
accordance with this Agreement and all applicable policies and
guidelines; (d) you will be financially responsible for use of the
Services; (e) you have acquired or will acquire all authorization(s)
necessary for hypertext links to third-party web sites; (f) you have
verified or will verify the accuracy of materials distributed or
made available for distribution via the Services, including, without
limitation, your Content, descriptive claims, warranties,
guarantees, nature of business, and address where business is
conducted, and (g) your Content does not and will not infringe or
violate any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation or
ordinance.
5.2 Warranty and Disclaimer. THE SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. Knight Web Services® Inc. DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. Although Knight Web Services® Inc. will use
commercially reasonable measures to maintain the security of the
Services, Knight Web Services® Inc. assumes no responsibility for the
effectiveness of these security measures provided by Knight Web Services® Inc..
6. Exclusion and Limitation of Liability
6.1 Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS AGREEMENT, IN NO EVENT SHALL Knight Web Services® Inc., ITS
PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS
(COLLECTIVELY, THE "Knight Web Services® Inc. ENTITIES" AND EACH, A
"Knight Web Services® Inc. ENTITY") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR
ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR
DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS
AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND
EVEN IF ONE OR MORE OF THE Knight Web Services® Inc. ENTITIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING
BUT NOT LIMITED TO DAMAGES OR LOSSESARISING FROM OR IN ANY WAY
RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS,
NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE
TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH
Knight Web Services® Inc.' SYSTEMS OR NETWORKS OR THE SYSTEMS OR
NETWORKS OF THIRD PARTIES.
6.2 Limitation of Liability. CIRCUMSTANCES MAY ARISE IN WHICH YOU
ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE Knight Web Services® Inc. ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF
THE Knight Web Services® Inc. ENTITIES FOR DAMAGES IS LIMITED TO THE
LESSER OF (A) THE AMOUNT ACTUALLY PAID TO Knight Web Services® Inc.
BY YOU UNDER THIS AGREEMENT DURING THE ONE (1) MONTH IMMEDIATELY
PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED OR (B) THE SUM OF ONE
HUNDRED (US$100.00) US DOLLARS. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE
SERVICES SET BY Knight Web Services® Inc. HEREUNDER HAVE BEEN AND
WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY,
YOU HEREBY RELEASE THE Knight Web Services® Inc. ENTITIES FROM ANY
AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE
LIMITATION STATED IN THIS PARAGRAPH.
6.3 Interruption of Service. You hereby acknowledge and agree that
Knight Web Services® Inc. and its suppliers will NOT be liable for
any delay, outages or interruptions of the Services. Further, Knight Web Services® Inc. shall not be liable for any delay or failure to
perform its obligations under this Agreement, where such delay or
failure results from any act of God or other cause beyond its
reasonable control (including, without limitation, any mechanical,
electrical electronic, communications or third-party supplier
failure).
7. Indemnification
7.1 Indemnity to Knight Web Services® Inc.. You hereby release and
hold harmless, and agree to indemnify, the Knight Web Services® Inc.
Entities against any and all claims, actions, proceedings, suits,
liabilities, damages, settlements, penalties, fines, costs or
expenses (including, without limitation, reasonable attorneys' fees
and other litigation expenses) incurred by the Knight Web Services®
Inc. Entities, arising out of or relating to (a) your violation or
breach of any term, condition, representation or warranty of this
Agreement, or any applicable policy or guideline; (b) your use the
Services; or (c) your violation, alleged violation, or
misappropriation of any intellectual property right (including,
without limitation, trademark, copyright, patent, trade secrets) or
non-proprietary right of a third party (including, without
limitation, defamation, libel, violation of privacy or publicity).
7.2 Third Party Beneficiaries. You are hereby notified that the
Knight Web Services® Inc. Entities are intended third-party
beneficiaries of this Agreement, with a right of enforcement of the
exclusions and limitations of liability and the indemnities
contained in this Agreement.
8. General Provisions
8.1 Entire Agreement. This Agreement, including any domain
registration agreements, documents, web sites, rules, terms,
policies and guidelines referenced herein, constitutes the entire
agreement between Knight Web Services® Inc. and you with respect to
the matters referred to in this Agreement and supersedes all prior
and contemporaneous agreements and understandings, whether
electronic, oral or written, between Knight Web Services® Inc. and
you with respect to such matters.
8.2 No Waiver. The failure of Knight Web Services® Inc. to insist
upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between you and Knight Web Services® Inc. nor trade practice shall act to modify any provision
of this Agreement.
8.3 Severability. In the event that any portion of this Agreement is
held to be invalid or unenforceable, the invalid or unenforceable
portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intention of you and
Knight Web Services® Inc., and the remainder of this Agreement shall
remain in full force and effect.
8.4 Choice of Laws. This Agreement shall be governed by and
construed in accordance with the laws of the Province of Ontario
without reference to rules governing choice of laws and the federal
laws of Canada applicable therein. You hereby irrevocably consent to
the exclusive jurisdiction of the courts of the Province of Ontario
and the federal courts situated in the Province of Ontario in
connection with any matter arising under this Agreement. Use of the
Services in any jurisdiction that does not give effect to all
provisions of this Agreement, including without limitation this
paragraph, is prohibited.
8.5 Successor Sites. All references to Knight Web Services® Inc. web
site addresses in this Agreement shall also include any successor or
replacement web sites containing substantially similar information
as the referenced web site(s).
8.6 Assignment. Knight Web Services® Inc. may at any time assign its
rights and obligations under this Agreement, in whole or in part,
without notice to you. You may not assign this Agreement.
8.7 Enurement. This Agreement will ensure to the benefit of and bind
you and Knight Web Services® Inc. and its respective personal and
legal representatives, successors and permitted assigns.
8.8 Currency. All monetary amounts expressed in this Agreement are
in US dollars, unless otherwise expressly stated.
8.9 Cumulative Rights. The rights, powers and remedies of Knight Web Services® Inc. in this Agreement, including without limitation the
right to suspend, restrict or terminate Services, are cumulative and
in addition to and not in substitution for any right, power or
remedy that may be available to Knight Web Services® Inc. at law or
in equity.
8.10 Survival. Any provisions, including without limitation the
disclaimers of warranty and limitations and exclusions of liability
contained herein, that by their meaning are intended to survive
termination of this Agreement shall survive the termination of this
Agreement.
8.11 Independent Contractors. You agree that no joint venture,
partnership, employment or agency relationship exists between Knight Web Services® Inc. and you as a result of this Agreement or use of
the Services.
8.12 Headings. The section headings in this Agreement are for
convenience only and have no legal or contractual effect.
8.13 Notices. Any notices or other communications sent by Knight Web Services® Inc. to you shall be deemed to have been duly given and
delivered to you when delivered by email to the account specified by
you when first ordering the Services
Any notices or other communications sent by you to Knight Web Services® Inc. shall be deemed to have been duly given and delivered
to Knight Web Services® Inc. when delivered by email to billing@kwsonline.com
or by fax to 1-800-733-0368 (North
America)/716-566-7415(International).
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